Dad speaks out after the killer who murdered his son on Lord Street loses his appeal bid

A DRUNKEN thug who kicked a father-of-two to death has lost an appeal against his conviction.

James Thompson, 28, killed “good Samaritan” Tony Johnson, 47, on a Christmas night out in Southport, in 2009.

Mr Johnson and his friend, Nicholas Halsall were walking to the Lord Street taxi rank when they went to the aid of two distressed teenage girls who were in a confrontation with the killer and his pals.

They urged the younger men to calm down but were set upon, with Thompson repeatedly kicking Mr Johnson in the head as he lay defenceless on the ground.

Thompson, of Dobbs Drive, Formby, claimed he acted in self-defence. However, he was found guilty of murder at Liverpool Crown Court in July, 2010, and was given life, with a minimum term of 10 years to serve.

Judges this week threw out Thompson’s claims that his conviction was “unsafe” and should be quashed.

His lawyers insisted that there was evidence that Mr Johnson struck the first blow in the fight and that the crown court judge should have left the partial defence of provocation open to the jury before they reached a murder verdict.

Dismissing the appeal, Lord Justice Fulford said that despite “striving to give Thompson the benefit of the doubt” the court had concluded that there was no merit in his challenge.

The judge said that Thompson “took advantage of the prostrate victim to administer drunken, gratuitous violence.

““The approach of the judge at the trial was wholly correct and this appeal must be dismissed.”

After the appeal, Mr Johnson’s dad, Allan, told the Visiter the catalogue of injuries inflicted by Thompson on his son left him unrecognisable.

Allan said: “Tony was not the fittest person in the world but he was not the hulking great giant like they say, he was only 5ft 8in. I worked with him for 25 years and he could not run four paces.

“If that lad had been that scared, bearing in mind there were three of them, if he was in fear why did he not just run away?

“We had to bury Tony without his throat box; without his brain. We were advised not to view the body because of the extent of the damage to him.

“I miss my son constantly – he was cruelly taken from his family by a murderer and to this date there has not been one word of remorse from him – just lies upon lies. It has been hell; the appeal has just continued that hell.

“My son brought up two children very well. He was a man who had never been in trouble in his life, he was a happy, hard-working father to two broken-hearted children.

“I spoke to Tony three hours before he died. He told me he had forgotten his medication – he was diabetic. He also told me he pulled his shoulder. He wouldn’t have fought anyway and was in no fit state to fight.

“It broke my heart to watch on the CCTV, but the last images of Tony was to see him, as he did, walk happily down the road before he turned on to Lord Street to get a taxi home. He also spoke to his son on the phone, who told him about a mural he had painted – Tony never got to see that.

“For me to get a telephone call saying he had died was hell, it has taken 10 years off my life.”